G.R. No. L-12629 – 106 Phil. 677 – Political Law – Constitutional Law – Bill of Rights – Right Against Double Jeopardy – Court of Competent Jurisdiction Remedial Law – Criminal Procedure – Rule 117 – Motion to Quash – Double Jeopardy – When it does not attach In 1956, […]
Constitutional Law
236 posts
G.R. No. 188794 – 768 Phil. 272 – 788 SCRA 670 – Political Law – Constitutional Law – Bill of Rights – Right Against Unreasonable Searches and Seizures – Invalid Search Warrant – Proof of Personal Examination by the Judge Remedial Law – Criminal Procedure – Rule 126 – Motion […]
G.R. No. 216425 – 890 Phil. 74 – Civil Law – Persons and Family Relations – Family Code – Civil Code – Use of Surnames Remedial Law – Civil Procedure – Special Civil Actions – Change of Name – Legitimate Child May Use Surname of Mother Political Law – Constitutional […]
G.R. No. 216824 – 889 Phil. 915 – Remedial Law – Criminal Procedure – Rule 117 – Filing of the Information – The signature of the city, provincial, or chief state prosecutor in the Information is not a jurisdictional requirement Political Law – Separation of Powers – Substantive Law vs […]
G.R. No. 117321 – 349 Phil. 874 – 286 SCRA 207 – Political Law – Constitutional Law – Bill of Rights – Extra-Judicial Admission – Right to Counsel – Custodial Investigation In 1988, a tricycle driver was found dead and his trike was also missing. Herson Tan was among the […]
G.R. No. 171672 – 752 Phil. 424 – Political Law – Constitutional Law – Rights of the Accused – Right Against Self-Incrimination; Not applicable as against a private entity In 1993, Marieta De Castro, a bank teller at BPI Pasay was investigated for allegedly falsifying the signatures of two of […]
G.R. No. 244045 – 874 Phil. 240 – Political Law – Constitutional Law – Bill of Rights – Search and Seizure – Informant’s Tip Alone Cannot Engender Probable Cause In the morning of 10 January 2014, an unnamed officer at the Regional Public Safety Battalion (RPSB) in Tabuk, Kalinga received […]
G.R. No. 226679 – 816 Phil. 789 – Remedial Law – Criminal Procedure – Plea Bargaining in Drugs Cases Political Law – Constitutional Law – Judicial Power – Rule Making Power is vested in the Judiciary Salvador Estipona, Jr. was indicted for violating Section 11 (illegal possession of illegal drugs) […]
PMA, as an academic institution, has the right to remove erring cadets under the principle of academic freedom But PMA must still observe due process in removing cadets PMA cadets are entitled to due process PMA cannot be compelled by mandamus to reinstate cadets separated therefrom if due process was […]
G.R. No. 202666 – 737 SCRA 92 – Political Law – Constitutional Law – Bill of Rights – Right to Privacy – Online Privacy (Social Media) Remedial Law – Special Proceedings – Writ of Habeas Data In January 2012, Angela Tan, a high school student at St. Theresa’s College (STC), […]
G.R. No. L-68288 – 226 Phil. 596 – 142 SCRA 699 – Political Law – Bill of Rights – Due Process – Due Process in Educational Institutions In 1984, Diosdado Guzman and two others complained that the National University (NU) barred them from enrolling in the said university. NU argued […]
G.R. No. 147387; G.R. No. 152161 – 463 Phil. 179 – 417 SCRA 503 – Political Law – Constitutional Law – The Legislative Department – How a Bill Becomes a Law – Bicameral Conference Committee – Enrolled Bill Doctrine Equal Protection Clause – Valid Classification Election Law – Appointive Officials […]
G.R. No. 168056 – 506 Phil. 1 – 469 SCRA 1 – Political Law – Constitutional Law – The Legislative Department – How a Bill Becomes a Law – Enrolled Bill Theory – Validity of the Bicameral Conference Committee In this case, the constitutionality of R.A. No. 9337 or the RVAT […]
G.R. No. 175241 – 627 Phil. 331 – 613 SCRA 518 – Political Law – Constitutional Law – Freedom of Expression – Clear and Present Danger Test – Modification of a Rally Permit Remedial Law – Criminal Procedure – Rule 111 – Prejudicial Question In June 2006, the Integrated Bar […]
G.R. Nos. 171947-48 – 574 SCRA 661 – Political Law – Elements of the State – Government – Ministerial vs Discretionary Functions – Mandamus Constitutional Law – Right to a Healthful Ecology Civil Law – Environmental Laws – Continuing Mandamus; When first applied in Philippine setting In 1999, the Concerned […]
G.R. No. 209287 – Political Law – Constitutional Law – Separation of Powers – Fund Realignment – Constitutionality of the Disbursement Acceleration Program Power of the Purse – Executive Impoundment When President Benigno Aquino III took office, his administration noticed the sluggish growth of the economy. The World Bank advised […]